Keyword Bidding V. “Bait & Switch”: Makemytrip v. Google At War With The Dark Patterns Guidelines, 2026

Introduction

The advent of digital advertising has brought trademark law into direct conflict with online market practices, particularly keyword bidding. The use of competitors’ trademarks by businesses to promote their own goods and services, albeit as invisible keywords, has often been debated as “infringement”, thereby causing unfair advantages and consumer confusion.

Courts reveal a relatively permissive stance, as per established precedents, but the enactment of the Dark Patterns Guidelines shines a brighter light on consumer interests. It criticises practices through the perspectives of market fairness, transparency, and accountability.

This article examines this emerging tension between consumer protection and trademark law, and seeks to determine if the recent judicial stance aligns with this regulatory evolution.